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General terms and conditions of sale

Pulp’in SAS, 95 Avenue Parmentier, 75011 Paris, France, [email protected], Effective date: 1 December 2022

PULP’IN (hereinafter “PULP’IN”) provides automated, data-driven personalized video production. A trame is a campaign scenario. Videos are based on editorial trames called “Sequences” that adapt automatically according to incoming data. Services are available through: • a SaaS offering, for individuals and professionals via a personalized platform; • an Enterprise offering, installed in the Customer’s end environment and for professionals only. These general terms of service provision define how Services are supplied to the customer (the “Customer”) and the rights and obligations of the parties. Where applicable, they may be supplemented by special terms for certain Services, which prevail.

Acceptance of the general terms

Acceptance of a Quote, express or implied, constitutes full and unreserved acceptance of these general terms in force on the date that Quote is accepted. Any prospective customer who does not wish to be bound must not order Services from PULP’IN.

I · Legal capacity

Any natural person with full legal capacity to contract under these terms may access the Platform and PULP’IN Services, as may any legal entity acting through a natural person with authority to contract on its behalf.

Any natural person without full legal capacity may access the Platform and Services only with the agreement of their legal representative.

Services

Description of Services, The Customer may access some or all of the following: • Sequences created and made available by PULP’IN to personalize videos from data; • a personal web Platform to produce videos matching the Customer’s brand by manually selecting sequences; • a video rendering engine producing mp4 video; • a video player allowing a PULP’IN video to play directly without pre-recording and without delay.

The Customer may produce videos via their personal web Platform by choosing Sequences and features made available, adding content such as visuals, text, or other types, and selecting media from their own database(s) (photo, video).

The Customer owns the videos they create. They may view them, send them by email and/or publish them on social networks without restriction, subject to applicable law, public policy, and decency.

Videos generated by the Customer from their Platform remain available on the Platform for 24 months. After that period, the Videos are deleted.

The User grants and acknowledges PULP’IN’s continued access to those videos in order to: • provide personalized advice to Customers (editorial advice, use of Sequences, content, and available features); • assist the Customer when requested on the Platform; • provide support and technical assistance.

PULP’IN may offer any other Service it considers useful, in the form and with the features and technical means it deems appropriate. If substantial changes are made, those new Services may be billed separately and subject to a new Quote.

Duration of Services and registration, The Subscription runs for the period stated in the Quote(s). When that period ends, the Customer may, at their sole discretion, renew or end their Subscription.

Cancellation of the Subscription takes effect at the end of the current Subscription. Any Subscription that has started is due in full.

Financial terms

Subscription price, The price is stated in the Quote and depends in particular on the number of custom sequences developed, users, and/or videos to be produced.

Changing the Subscription, If the Customer wishes to change their Subscription, PULP’IN will issue a new Quote to be accepted by the Customer, treated as an amendment to the first Quote.

Price changes, PULP’IN may change prices and payment terms by informing the Customer at least one month before the new prices take effect, in any written form (including email). If the Customer does not accept the new price, they must end their Subscription as provided herein. Any Customer who continues to use the Services after the new prices take effect is deemed to have accepted them.

Invoicing and payment

Invoicing, PULP’IN issues invoices for the subscribed Services for the subscription period. Invoices are sent to the Customer by any appropriate means.

Payment, Payment is made by bank transfer or cheque upon presentation of the invoice.

Right of withdrawal

The Customer has a right of withdrawal for 14 (fourteen) days from acceptance of the Quote.

They may exercise it by sending PULP’IN, at the contact details in the header of these terms and before the deadline expires, the form in Annex I duly completed, or any other clear written statement of their wish to withdraw.

Evidence agreement, The Customer expressly acknowledges and accepts: (i) that data collected on the Platform and on PULP’IN’s IT systems are proof of operations under these terms; (ii) that such data are the main admissible evidence between the parties.

Customer obligations

Without prejudice to other obligations, the Customer undertakes to: 1. provide PULP’IN with all information, content, documents, items, and data needed to perform the Services and to cooperate actively for proper performance of the Agreement; 2. process only lawful editorial, graphic, audio, audiovisual (or other) content for integration into their Videos (the “Content”); 3. hold the rights and authorizations needed to distribute that Content; 4. ensure that Content does not harm public policy, decency, or third-party rights, or breach laws or regulations, or expose PULP’IN to civil or criminal liability. The Customer therefore must not integrate or distribute in Videos, in particular: defamatory, insulting, racist, xenophobic, or revisionist Content; infringing Content; Content harmful to a third party’s image; false or misleading Content or Content promoting unlawful, fraudulent, or deceptive activities; and generally any Content likely to infringe third-party rights or harm third parties in any way; 5. use PULP’IN’s tools and services in good faith and in compliance with contractual obligations (for example no scraping, bots, or theft of code).

The Customer warrants and agrees to remove any Video that PULP’IN flags as infringing third-party rights, at PULP’IN’s request.

The Customer is solely responsible for Content supplied to PULP’IN and warrants they hold all rights and permissions needed to exploit it under the Services. They are solely responsible for accuracy, truthfulness, and completeness. PULP’IN cannot be held liable for Customer errors or failures.

The Customer is solely responsible for managing their social media accounts and undertakes to comply with those networks’ terms when publishing the Videos.

Any Customer wishing to keep Videos after their Subscription ends must take all steps to back them up (PULP’IN will not keep copies).

The Customer is solely responsible for compliance with laws and regulations applicable to their activity, including any required legal notices. The Customer may not seek liability or indemnity from PULP’IN on that basis.

PULP’IN’s obligations

Without prejudice to other contractual obligations: 1. PULP’IN undertakes to provide the Services diligently and professionally, under an obligation of means only, not of results, which the Customer expressly acknowledges and accepts. 2. PULP’IN does not warrant that Sequences, Content, media libraries, or Videos created will meet all of the Customer’s tastes, needs, or expectations. 3. PULP’IN undertakes to use information, content, documents, items, and data provided by the Customer only to perform the Services. It warrants proper safekeeping during the Services and undertakes to destroy them at the end of the Agreement. 4. PULP’IN is not liable for decisions by the Customer or any third party they designate. PULP’IN is not liable for the content of Videos; it does not control, verify, or moderate content, even if a watermark or PULP’IN logo is applied. 5. PULP’IN regularly checks operation and accessibility of its Site and Platforms and may interrupt access temporarily for maintenance. PULP’IN is not liable for temporary access issues due to external circumstances, force majeure, or telecommunications network disruption. 6. In any event, PULP’IN’s liability is limited to direct damage suffered by the Customer and may not exceed the total price paid by the Customer for the relevant Services.

Breach and remedies

If the Customer breaches these terms or applicable law, PULP’IN may: (i) suspend, remove, or block access to the Platform and Services for the breaching Customer or related videos; (ii) delete any Video linked to the breach, in whole or in part; (iii) take appropriate measures and legal action; (iv) notify authorities where relevant, cooperate, and provide information to combat illegal activity.

The Customer acknowledges that payment of the Subscription and the obligations listed in these terms are essential for PULP’IN to maintain the Services. Any breach may result in immediate suspension of the Subscription, immediate termination of these terms by PULP’IN by email or registered letter with acknowledgment of receipt. Termination takes effect on receipt of the email or first presentation of the letter. Stopping the Subscription or terminating these terms closes the Customer’s Platform and deletes their Videos.

PULP’IN intellectual property

Systems, software, structures, infrastructure, databases, and all content (Sequences, Content, text, images, visuals, music, logos, trademarks, databases, and other features) used by PULP’IN on the Site and Platform are protected by intellectual property and database rights.

Any disassembly, decompilation, decryption, extraction, reuse, copying, or more generally reproduction, representation, distribution, or use of any of these elements, in whole or in part, requires PULP’IN’s prior written authorization. Without it, such acts are strictly prohibited and may lead to legal action.

Ownership of videos

The Customer has full ownership of Videos created on the Platform and may use them commercially.

Personal data

PULP’IN has a personal data protection policy set out in the “Privacy policy”, which the Customer is expressly invited to read.

Commercial references

Unless the Quote states otherwise or the Customer refuses in writing by any appropriate means, the Customer authorizes PULP’IN to use their name, brand, logo, website references, and Videos as commercial references on any medium and in any form.

The Customer agrees that their Videos may be shown free of charge by PULP’IN on its Site and social accounts and in presentations of its business, by any means and on any medium, for internal and/or external promotion and communication.

Mediation

The Customer may use a consumer mediator free of charge to seek an amicable settlement of any dispute relating to these terms with PULP’IN, under Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code.

They may contact: Centre de médiation et de règlement amiable des huissiers de justice (Medicys) Postal address: 73 Boulevard de Clichy, 75009 Paris, France Email: [email protected] Phone: +33 1 49 70 15 93 https://medicys.fr/

If a European consumer has not obtained an amicable solution from PULP’IN’s customer service, they may use the EU online dispute resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

Governing law and jurisdiction

These general terms are governed by French law and interpreted accordingly.

Any dispute relating to their validity, interpretation, or performance falls within the exclusive jurisdiction of the Paris Commercial Court (France).

Annex · Withdrawal form

(For Customers meeting the conditions recalled in PULP’IN’s general terms only.) (Complete and return this form only if you wish to withdraw from these terms.) To: PULP’IN Address: 95 Avenue Parmentier, 75011 Paris, France Email: [email protected] I hereby notify you of my withdrawal from the general terms for the following service: Quote no.: Accepted on: Customer name: Customer address: Customer signature: (only if this form is notified on paper) Date: